header-logo header-logo

Boris in bus-ad ban storm

29 January 2014
Issue: 7592 / Categories: Legal News
printer mail-detail

Questions over Mayor’s link to TfL’s ban of controversial bus advert

The Court of Appeal has ordered the High Court to investigate whether the Mayor of London intervened to pull controversial gay-“cure” bus adverts.

The proposed adverts, by Christian charity The Core Issues Trust read “Not Gay! Ex-Gay, Post-Gay and Proud, Get Over It”, and were intended as a response to the Stonewall bus adverts, “Some people are gay. Get over it!”

The charity, which supports those who want to “cure” their homosexuality, accused Mayor Boris Johnson of intervening in the decision for political reasons, which would make the decision unlawful. Johnson was due to speak at a hustings organised by gay rights group Stonewall on the day the adverts were blocked. The High Court upheld the ban.

However, Lord Dyson, in the Court of Appeal, pointed to new evidence of an e-mail which “unequivocally” states the Mayor had “instructed” Transport for London (TfL) to ban the advert, and shows the Mayor’s aides immediately contacted The Guardian newspaper. TfL said it had taken the decision to ban the adverts, regardless.

Lord Dyson, giving his decision in R (Core Issues Trust) v TfL [2014] EWCA Civ 34, said: “This is a very unsatisfactory state of affairs.”

However, he said TfL were entitled to ban the adverts. “The restrictions are justified in view of the prominence of the advertisements and the fact that they would be seen by, and cause offence to, large numbers of the public in central London,” he said.

“Moreover, for those who are gay, the advertisements would be liable to interfere with the right to respect for their private life under Art 8(1).”

He said that to allow the adverts would “involve a breach of [TfL’s] duty to have due regard to the s 149(1) [of the Equality Act] considerations and encourage homophobia and put homosexuals at risk”.

 

Issue: 7592 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Law students and graduates can now apply to qualify as solicitors and barristers with the Crown Prosecution Service (CPS)
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll